Will my husbands I140 and my work experience affect my F1 visa application?

I am on H4 and planning to pursue my studies on F1 visa due to unavoidable reasons.

  1. Since I have a valid EAD , is it fine to work till I get my F1 visa?
  2. Will my husbands I 140 and my work experience affect my F1 visa application?
  3. If I want to apply for COS, can i apply from any center? or specific to my residence or his employers location?
  4. Do u have any suggestions for cos or visa stamping in India?

Hi @samantha.ch

Keep working on H4 EAD while F1 COS pending

You can keep working using H4 EAD as long as you are in H4 status. H4 status is maintained until USCIS actually approves your H4 to F1 change of status request.

Chances of approval for H4 to F1 with i140

Spouse’s i140 may or may not affect your F1 application. Generally, when you file for F1 COS, the chances of approval are very good.

F1 COS application center

You have to send your F1 COS application to USCIS center based on the instructions given in the form i539 instructions. You cannot choose a center by your choice.

F1 COS stamping in India

The F1 visa approval chances are 50-50 if you go out of US for F1 visa stamping.

Thanks for your reply.

Can I apply for COS without any of my husband documents? (I have my husbands I-797A)
If my uncle provides sponsorship documents(my father’s own brother) will it cause any trouble?(I can provide other sponsorship documents if this causes trouble).

Because, I feel If any of the following shows Immigrant intent Like I140, EAD, Blood Relatives settled in USA will affect my visa on top of other usual difficulties in visa approval.

USCIS and US embassy has all your details. You cannot hide anything even if you do not mention your spouse details explicitly.

They know you have H4 visa and you have been to US. They also know your husband has i140 approved.

OK Thank u Anil Gupta.

My intention is not to hide my spouse info. I wanted to know if I can apply for COS even if I dont have his documents.

F1 can be applied without spouse documents.

Sure… Thank you

I really appreciate your work and helping so many like us.

1 Like